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Military captain who shot and killed civilian on Kalagoke Island to be transferred to civic court: MNHRC

November 28, 2018

HURFOM: On November 16th 2018, according to a letter from the Myanmar National Human Rights Commission (MNHRC), Captain Aung Ko Ko Min from Light Infantry Battalion (LIB) #587, who shot and killed U Tin Soe Myint, a villager from Kalagoke Island, Lamine Town, Ye Township, Mon State, will be transferred to civic court to face further legal action.

“I’m satisfied because of the reply of the MNHRC. I know nothing about legal proceedings in the military courts. Now, the case will be transferred to the civic courts. I’ll see how the legal action goes on. I want the truth. I’m satisfied [with the action taken by the MNHRC],” said Daw Khin Swe Tin, the victim’s wife.

According to the letter, the captain was already sentenced under Defense Services Act #65 and #47(1) for breach of discipline for his interruption in a land dispute between civilians and for intoxication, respectively. However, the military court failed to sentence Captain Aung Ko Ko Min under Defense Services Act #72 for his involvement in shooting and killing an innocent civilian. Therefore, Aung Ko Ko Min must be transferred to civic court to face further charges for the murder of U Tin Soe Myint.

Daw Khin Swe Tin said she filed a report with the Mon State Parliament to take legal action against the murderer of her husband on June 6th 2018, and the Speaker of Parliament replied on August 1st 2018 that the final decision of the case would be informed to the victim’s family.

On July 27th 2018, the Daw Khin Swe Tin and a member of a local CSO went to Military Operation Command (MOC) #19 in Ye City and had a discussion with the commander about the case. The commander replied, “We can take legal action related to military members but can do nothing with cases related to civilians.”

Daw Khin Swe has three children who are school-aged, and she has struggled to support the education of her children.

On May 19th 2018, Commander Soe Moe Kyaw visited Daw Khin Swe Tin and offered her 800,000 kyat ($503.00). However, she refused the payment and said she did not need money but the truth.

On May 16th 2018, Captain Aung Ko Ko Min from LIB No. 587 shot and killed U Tin Soe Myint on Kalagoke Island, in Lamine Town, Ye Township, Mon State, as a result of him being unable to produce his national registration card (NRC).